Harold Hongju Koh
Sterling Professor of International Law
Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. Professor Koh is one of the country’s leading experts in public and private international law, national security law, and human rights.FULL BIOGRAPHY
Education & Curriculum Vitae
M.A., University of Oxford, 1996
J.D., Harvard Law School, 1980
B.A., University of Oxford, 1977 (Marshall Scholar)
A.B., Harvard University, 1975
- Foreign Relations and National Security Law
- International Human Rights Law and Policy
- Introduction to International and Transnational Law
- The Past, Present, and Future of Global Climate Change: Law and Policy
Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. He returned to Yale Law School in January 2013 after serving for nearly four years as the 22nd Legal Adviser of the U.S. Department of State.
Professor Koh is one of the country’s leading experts in public and private international law, national security law, and human rights. He first began teaching at Yale Law School in 1985 and served as its fifteenth Dean from 2004 until 2009. From 2009 to 2013, he took leave as the Martin R. Flug ’55 Professor of International Law to join the State Department as Legal Adviser, service for which he received the Secretary of State's Distinguished Service Award. From 1993 to 2009, he was the Gerard C. & Bernice Latrobe Smith Professor of International Law at Yale Law School, and from 1998 to 2001, he served as U.S. Assistant Secretary of State for Democracy, Human Rights and Labor.
Professor Koh has received seventeen honorary degrees and more than thirty awards for his human rights work, including awards from Columbia Law School and the American Bar Association for his lifetime achievements in international law. He has authored or co-authored eight books, published more than 200 articles, testified regularly before Congress, and litigated numerous cases involving international law issues in both U.S. and international tribunals. He is a Fellow of the American Philosophical Society and the American Academy of Arts and Sciences, an Honorary Fellow of Magdalen College, Oxford, and a member of the Council of the American Law Institute.
He holds a B.A. degree from Harvard College and B.A. and M.A. degrees from Oxford University, where he was a Marshall Scholar. He earned his J.D. from Harvard Law School, where he was Developments Editor of the Harvard Law Review. Before coming to Yale, he served as a law clerk for Justice Harry A. Blackmun of the United States Supreme Court and Judge Malcolm Richard Wilkey of the U.S. Court of Appeals for the D.C. Circuit, worked as an attorney in private practice in Washington, and served as an Attorney-Adviser for the Office of Legal Counsel, U.S. Department of Justice.
Monday, February 11, 2019
Sterling Professor of International Law Harold Hongju Koh appeared on Yahoo News’ Skullduggery TV podcast, where he spoke about the Rule of Law Clinic’s guide to the 25th Amendment.
Thursday, December 20, 2018
Sterling Professor of International Law Harold Hongju Koh is quoted in the New Yorker about his new book The Trump Administration and International Law.
Monday, November 26, 2018
'These children are barefoot. In diapers. Choking on tear gas.'; Images of migrant children being tear-gassed at the San Ysidro border crossing provoked outrage.
Sterling Professor of International Law Harold Hongju Koh is quoted in the Washington Post about the response to a show of force against migrants seeking asylum at the San Ysidro border crossing.
Tuesday, November 20, 2018
Sterling Professor of International Law Harold Hongju Koh was the guest on the UN Dispatch podcast where he discussed how international law is thwarting some of President Trump’s initiatives.
Tuesday, October 30, 2018
Jam v. International Finance Corp.: May International Organizations Violate Rights with Impunity?—A Commentary by Harold Hongju Koh and Patrick Pearsall
Harold Hongju Koh is Sterling Professor of International Law at Yale Law School and Patrick W. Pearsall is the chair of the Chair of Jenner & Block’s Public International Law Practice.
Saturday, October 27, 2018
The Chicago Maroon reports on a speaking appearance at the University of Chicago by Sterling Professor of International Law Harold Hongju Koh, where he discussed his new book The Trump Administration and International Law.
Friday, September 14, 2018
Sterling Professor of International Law Harold Hongju Koh has released a new book titled, "The Trump Administration and International Law."
Monday, September 10, 2018
Sterling Professor of International Law Harold Hongju Koh is quoted in a report about various legal challenges to the oil and gas industry over climate change.
Thursday, September 6, 2018
Sterling Professor of International Law Harold Hongju Koh is interviewed about Section 4 of the 25th Amendment.
Monday, July 2, 2018
Sterling Professor of International Law Harold Hongju Koh and Leighton Homer Surbeck Professor of Law Cristina Rodríguez '00 were featured on a podcast discussing the travel ban.
Thursday, June 28, 2018
Trump v. Hawaii: Korematsu’s Ghost and National Security Masquerades—A Commentary by Harold Hongju Koh
Harold Hongju Koh is Sterling Professor of International Law at Yale Law School.
Wednesday, April 18, 2018
The Twenty-Fifth Amendment to the United States Constitution: A Reader’s Guide—A Commentary by Harold Hongju Koh, Phil Spector ’00, Matthew Blumenthal ’15, Sameer Jaywant ’18, Chris Looney ’19, Richard Medina ’18, and Nathaniel Zelinsky ’18
Harold Hongju Koh is Sterling Professor of International Law, Phil Spector ’00 is a Visiting Lecturer in Law, Matthew Blumenthal ’15 is a fellow, and Sameer Jaywant ’18, Chris Looney ’19, Richard Medina ’18, and Nathaniel Zelinksy ’18 are students at Yale Law School.
Wednesday, April 4, 2018
Sterling Professor of International Law Harold Hongju Koh is quoted in an article about legal challenges facing the fossil fuel industry around climate change.
Monday, April 2, 2018
On March 30, 2018, students from the Rule of Law Clinic filed an amicus brief with the U.S. Supreme Court on behalf of a bipartisan group of 52 former senior national security officials.
Wednesday, December 20, 2017
Sterling Professor of International Law Harold Hongju Koh was quoted in an article about the United Nations high commissioner for human rights Zeid Ra’ad al-Hussein.
Tuesday, September 19, 2017
The Rule of Law Clinic filed an amicus brief on behalf of 50 senior former national security officials with the Supreme Court relating to the travel ban case.
Wednesday, August 9, 2017
Sterling Professor of International Law Harold Hongju Koh is quoted in a story about President Trump’s handling of North Korea.
Wednesday, August 2, 2017
Sterling Professor of International Law Harold Hongju Koh is quoted in a story about the sanctions against Russia signed into law this week by President Trump.
Tuesday, July 18, 2017
On July 18, 2017, Yale Law School’s Rule of Law Clinic filed its sixth brief — and second at the U.S. Supreme Court — regarding the legality of the Administration’s travel ban.
Tuesday, June 13, 2017
Federal Court cites amicus brief from 42 National Security Officials written by Yale Law School’s Rule of Law Clinic in a ruling against the President’s revised executive order limiting travel from six predominantly Muslim countries.
Friday, June 2, 2017
Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. Dena Adler, Joanna Dafoe, Peter Posada, Conor Dwyer Reynolds, and Eugene Rusyn are Yale Law School Class of 2017.
Thursday, March 16, 2017
The Rule of Law Clinic at Yale Law School filed an amicus brief on behalf of 40 senior former national security officials on March 15, 2017 in support of the Iraqi Refugee Assistance Project’s lawsuit against the President of the United States.
Monday, March 6, 2017
Sterling Professor of International Law Harold Hongju Koh is quoted in an article about an International Court of Justice case between Ukraine and Russia.
Monday, March 6, 2017
The work of WIRAC on the immigration Executive Order is discussed in an article and video. Deputy Dean for Experiential Education and William O. Douglas Clinical Professor of Law Michael Wishnie ’93, Sterling Professor of International Law Harold Hongju Koh, Lisa Daugaard ’92, and My Khanh Ngo ’17 are quoted.
Tuesday, February 21, 2017
Sterling Professor of International Law Harold Koh, Deputy Dean for Experiential Education and William O. Douglas Clinical Professor of Law Michael Wishnie ’93, Ray Brescia ’92, and Lisa Daugaard ’95 were interviewed for a feature on their efforts on behalf of Haitian refugees detained at the U.S. Naval base in Cuba after a 1991 coup in Haiti.
Tuesday, February 7, 2017
Sterling Professor of International Law Harold Hongju Koh is quoted and the Rule of Law Clinic mentioned in a Washington Post article about the legal brief charging President Trump with endangering national security. Koh and the clinic authored the brief. Jake Sullivan ’03 is mentioned.
Tuesday, February 7, 2017
Sterling Professor of International Law Harold Hongju Koh is quoted in an article about the lawsuit challenging President Trump’s travel ban.
Tuesday, February 7, 2017
Sterling Professor of International Law Harold Hongju Koh and David Rivkin ’80 were guests on Hardball with Chris Matthews where they discussed the immigration crisis.
Tuesday, January 31, 2017
Sterling Professor of International Law Harold Hongju Koh is quoted in an article about the dissent document signed by foreign service officers and civil service personnel in the U.S. State Department in response to President Trump’s executive order prohibiting entry to refugees and people from seven Muslim majority countries.
Thursday, January 26, 2017
In Trump era, Democrats and Republicans switch sides on states' rights; As the president looks to undo Barack Obama's legacy, administration Republicans are showing little interest in protecting states' rights.
Sterling Professor of International Law Harold Hongju Koh is quoted in a Reuters article on states’ rights.
Wednesday, November 16, 2016
Harold Hongju Koh is Sterling Professor of International Law at Yale Law School.
Wednesday, October 19, 2016
Sterling Professor of International Law Harold Hongju Koh and ambassador Christian Wenaweser were part of an event commemorating the 70th anniversary of the Nuremberg Trials.
Tuesday, September 6, 2016
In the wake of the conclusion of the historic Paris Climate Change accords, Yale Law School Professors Harold Hongju Koh and Douglas A. Kysar asked Todd D. Stern to join them in teaching a Fall 2016 course at the Law School on The Past, Present and the Future of Global Climate Change: Law and Policy.
Thursday, August 25, 2016
In the wake of the momentous June 2016 referendum calling for Great Britain’s withdrawal from the European Union, Sterling Professor Harold Hongju Koh will hold a special course this fall examining the broader, evolving political and legal ramifications of “Brexit.”
Friday, March 11, 2016
This week, scholars of American history and law wrote a letter to President Barack Obama to share their views on the Senate republicans' refusal to fulfill their responsibilities as laid out in the Constitution. Professor Harold Hongju Koh joined in writing and signing the letter.
The letter argues that denying the President's Supreme Court nominee a hearing is unprecedented in this country's history.
Wednesday, November 18, 2015
Sterling Professor of International Law Harold Hongju Koh is quoted in an article about whether governors may legally block the relocation of Syrian refugees to their states.
Wednesday, October 28, 2015
Harold Hongju Koh, Sterling Professor of International Law, received the inaugural Public Servant Award from the Council of Korean Americans (CKA).
Sunday, September 20, 2015
Sterling Professor of International Law Harold Hongju Koh joined more than 20 former senior officials, including some who served in prominent positions in the Obama administration, to sign a letter urging the White House to accept 100,000 Syrian refugees.
The figure is a a tenfold increase over an American commitment made last week, according to the New York Times.
Sunday, May 10, 2015
The article reported on remarks given by Sterling Professor of International Law Harold Koh at the Quinnipiac Law School commencement ceremony.
Monday, March 9, 2015
Sterling Professor of International Law Harold Hongju Koh and a group of foreign and comparative law experts have filed an amicus brief with the United States Supreme Court in support of same-sex marriage.
Monday, March 2, 2015
Sunset and Supersede: Striking the Right Balance in the AUMF against ISIL—A Commentary by Harold Hongju Koh
Harold Hongju Koh is the Sterling Professor of International Law at Yale Law School.
Friday, November 21, 2014
Professors Koh and Rodríguez pen letter with other top legal scholars declaring President Obama's new immigration policy legal.
Monday, September 29, 2014
Obama’s ISIL Legal Rollout: Bungled, Clearly. But Illegal? Really?—A Commentary by Harold Hongju Koh
Harold Hongju Koh is the Sterling Professor of International Law at Yale Law School.
Wednesday, May 21, 2014
Sterling Professor of International Law Harold Hongju Koh's Testimony on the Authorization For Use Of Military Force After Iraq And Afghanistan
Sterling Professor of International Law Harold Hongju Koh testified before the U.S. Senate Committee on Foreign Relations on Wednesday, May 21, 2014, at the hearing on "Authorization For Use Of Military Force After Iraq And Afghanistan."
Thursday, April 24, 2014
Students in Professors Harold Hongju Koh and Oona Hathaway’s National Security Lawyering class recently took a four-day trip to Washington, D.C., where they met with officials, policymakers, and lawyers in various executive and legislative bodies to present their findings from a semester’s worth of study into deep questions on pressing national security issues.
Tuesday, March 25, 2014
Professor Harold Koh received the 2014 Frederick K. Cox International Law Center Humanitarian Award for Advancing Global Justice on March 18 at Case Western Reserve University School of Law.
Tuesday, February 25, 2014
Harold Hongju Koh, Sterling Professor of International Law at Yale Law School, and Alexander Aleinikoff ’77, Deputy High Commissioner, Office of the United Nations High Commissioner for Refugees, will deliver the conference’s keynote addresses.
Thursday, May 9, 2013
Professor Koh delivered a speech at Oxford University on a broad range of issues involving foreign policy and national security. View the full text of his remarks here.
Thursday, March 21, 2013
Yale Law School faculty discuss filing legal briefs in Hollingsworth v. Perry case, which will go before the Supreme Court on March 26, 2013.
Tuesday, March 12, 2013
Professor Harold Hongju Koh receives 2013 William Green Award for Professional Excellence from the University of Richmond School of Law.
Wednesday, January 23, 2013
Former Yale Law School Dean Harold Hongju Koh, who recently returned to the school after serving as Legal Adviser to the U.S. Department of State, has been named a Sterling Professor of International Law.
Wednesday, April 6, 2011
Former Yale Law School Dean Harold Hongju Koh will deliver a Dean’s Lecture on April 11 about the Obama administration and international law.
Friday, January 22, 2010
Yale Journal of International Law Conference February 26 on Government Lawyering and International Law; Harold Koh To Give Keynote
On February 26, the Yale Journal of International Law will host a conference on “Government Lawyering and International Law” in commemoration of its thirty-fifth anniversary.
Wednesday, October 7, 2009
Chairs have been conferred by the Yale Corporation on Harold Hongju Koh, Oona Hathaway ’97, and Jean Koh Peters.
Thursday, June 25, 2009
Harold Hongju Koh sent a message to the Yale Law School community following his confirmation as Legal Adviser of the U.S. Department of State.
Monday, March 23, 2009
I wanted you to know that today, President Obama is announcing his intent to nominate me as The Legal Adviser of the United States Department of State.
Wednesday, August 27, 2008
Dean Harold Hongju Koh welcomed new students to Yale Law School during a convocation address on Wednesday, August 27.
Thursday, February 28, 2008
YLS Dean Harold Hongju Koh will moderate a panel discussion on March 4 titled “The Mitchell Report and Beyond: Steroids, HGH, and the Future of Baseball.”
Wednesday, September 19, 2007
Yale Law School Dean Harold Hongju Koh has released a statement on the Burt v. Gates decision.
Monday, May 28, 2007
Yale Law School’s 2007 Commencement ceremony took place Monday, May 28, in the Law School Courtyard.
Monday, March 19, 2007
Yale Law School Dean Harold Hongju Koh will travel to Mexico with Yale University colleagues for “Yale Week in Mexico” March 20 to March 23.
Thursday, March 8, 2007
Yale Law School Dean Harold Hongju Koh has issued a statement to the Yale Law School community on the subject of malicious website postings.
Monday, February 5, 2007
The Green Bag journal has selected works by a number of members of the Yale Law School community as "exemplars of good legal writing" for 2006.
Friday, July 7, 2006
Dean Koh’s advocacy work will be recognized at an awards ceremony sponsored by the Immigrant Legal Resource Center on July 21.
Tuesday, May 30, 2006
A Remembrance of William Sloane Coffin, Jr.
Remarks delivered by Harold Hongju Koh
Dean, Yale Law School
Battell Chapel Memorial Service, May 27, 2006
Monday, November 28, 2005
A panel discussion titled "Building a Safer World: Defining the U.S.-UN Relationship for the 21st Century" will consider what role the United States should take in reforming and working with the United Nations. The talk will be held on Monday, November 28, 2005, at 6:30 p.m. in Room 127. It is free and open to the public.
The speakers at the panel will be:
Thursday, September 1, 2005
Dean’s Welcoming Speech
Harold Hongju Koh
Yale Law School
September 1, 2005
Welcome to Yale Law School!
I am Harold Koh, and I am the person who says “Welcome to Yale Law School!”
Let me start with the immortal words of Admiral James Stockdale, who ran for Vice President with H. Ross Perot in 1988. He asked at the Vice Presidential debate, “Who am I and what am I doing here? “In this digital era, a video is worth a million words. So let me show you this introductory video, which was prepared for our Law Revue show only last spring.
Wednesday, February 2, 2005
As you know, the Defense Department has lately interpreted the Solomon Amendment to require denial of federal funds to institutions of higher education that withhold assistance from military recruiters who will not pledge to refrain from discrimination in recruiting. Last year, groups of Yale Law School faculty and students filed suit in the federal district court in Bridgeport challenging the legality of the Defense Department's interpretation of the Solomon Amendment. On December 9, 2004, Judge Janet C. Hall (D.Conn.) heard argument on motions for summary judgment in these cases.
Monday, January 10, 2005
Statement of Dean Harold Hongju Koh before the Senate Judiciary Committee regarding the nomination of Alberto Gonzales as U.S. Attorney General
Dean Koh's prepared statement is available as a PDF document through the link below.
Statement of Dean Harold Hongju Koh.
BOOKS and MONOGRAPHS
Transnational Litigation in United States Courts (2008) (Foundation Press)
Transnational Business Problems (4th ed. 2008) (Foundation Press), with Detlev F. Vagts & William S. Dodge
Foundations of International Law and Politics (with Oona A. Hathaway)
The International Human Rights of Persons with Intellectual Disabilities: Different but Equal (Oxford University Press 2002) (with Stanley Herr and Lawrence Gostin, eds)
Deliberative Democracy and Human Rights (with Ronald C. Slye) (Yale University Press 1999) (translated into Spanish)
International Business Transactions in United States Courts, Recueil des Cours (Martinus Nijhoff 1998) (Monograph of Lectures in Private International Law at The Hague Academy of International Law)
Transnational Legal Problems (with Henry Steiner & Detlev Vagts) (Foundation Press 4th ed. 1994) and Documentary Supplement (1994)
The National Security Constitution: Sharing Power After the Iran-Contra Affair (Yale University Press 1990) (Winner, Richard E. Neustadt Award, awarded by the Presidency Research Section, American Political Science Association, to the best book published in 1990 that contributed most to research and scholarship on the American Presidency)
Justice Harry A. Blackmun Supreme Court Oral History Project, Federal Judicial Center/Supreme Court Historical Society (Editor 1996) (public release 2004)
ARTICLES and BOOK CHAPTERS
Triptych’s End: A Better Approach to 21st Century International Lawmaking, 126 Yale L.J. Forum (2016- 17), http://www.yalelawjournal.org/forum/triptychs-end
The Emerging Law of 21st Century War, 66 Emory L.J. 487 (2017).
“Global Tobacco Control as a Health and Human Rights Imperative,” 57 Harv. Int’l L.J. 433 (2016) “The Enduring Legacies of the Haitian Refugee Litigation,” 61 N.Y.L.S. L. Rev. 155 (2016/17)
The War Powers and Humanitarian Intervention, 53 Houston L. Rev. 971 (2016)
“The Crime of Aggression: The United States Perspective” (with Todd F. Buchwald), in Claus Kress & Stefan Barriga, eds., The Crime of Aggression: A Commentary (Cambridge University Press 2016)
“‘Effective’ Policy in Syria: Ambassador Robert Ford’s View,” Just Security Blog, June 21, 2016, https://www.justsecurity.org/31590/effective-policy-syria-ambassador-robert-fords-view/
“Pain Versus Gain,” Just Security Blog, June 20, 2016, https://www.justsecurity.org/31544/pain-gain/
“Another Legal View of the Dissent Channel Cable on Syria,” Just Security Blog, June 20, 2016, https://www.justsecurity.org/31571/legal-view-dissent-channel-cable-syria/
“Michael Ratner: The Leading Progressive Lawyer of a Generation,” May 12, 2016, https://www.justsecurity.org/31010/michael-ratner/
“The Legal Adviser’s Duty to Explain,” 41 Yale J. Int’l Law 189 (2016)
“The People,” Interview with HanYang Law Review, 2015 Han Yang L. Rev. 97 (2015)
“The Legal Adviser’s Duty to Explain,” The Role of Legal Advisers in International Law (Andraz Zidar & Jean-Pierre Gauci eds. 2016)
Rapporteur’s Report, Global Migration Crisis: Its Challenges to the United States, Europe and Global Order, Richard C. Holbrooke Forum at the Brookings Institution, http://www.americanacademy.de/home/program/past/global-migration-crisis-0.
Reflections on the Law and Politics of the Kosovo Case, Chapter 18 in The Law and Politics of the Kosovo Advisory Opinion (M. Wood & M. Milanovic eds. 2015);
Sunset and Supersede: Striking the Right Balance in the AUMF against ISIL, http://justsecurity.org/20570/sunset-supersede-striking-balance-authorization-military-force-aumf-isil/, March 2, 2015
The Torture Report is Only the First Step, http://foreignpolicy.com/2014/12/12/the-torture-report-is-only- the-first-step/, December 12, 2014
America’s “Unequivocal Yes” to the Torture Ban, http://justsecurity.org/17551/americas-unequivocal-yes- torture-ban/, November 18, 2014
International Criminal Justice 5.0, 38 Yale J. Int’l Law 525 (2013)
The Case for International Law (with Michael Doyle), 92 Foreign Affairs 162 (2013)
In Memoriam, Detlev F. Vagts (1929-2013) (with William Dodge and Hannah Buxbaum), http://opiniojuris.org/2013/08/23/in-memoriam-detlev-f-vagts-1929-2013/
Restoring Justice: The Legacy of Edward H. Levi, Bulletin of the American Academy of Arts and Sciences, Winter 2014, at 26; available at https://www.amacad.org/multimedia/pdfs/publications/bulletin/winter2014/bulletin_Winter2014.pdf
YLS Sale Symposium, Sale’s Legacies, http://opiniojuris.org/2014/03/17/yls-sale-symposium-sales- legacies/
ASIL Plenary on IL in Obama Administration for Proceeding, 2014 Proceedings of the American Society of International Law
Syria and the Law of Humanitarian Intervention, Parts I, II, III, http://justsecurity.org/2013/09/26/koh- syria/
Ending the Forever War: A Progress Report, October 28, 2013, http://justsecurity.org/2013/10/28/ending-war-progress-report
Strike on Syria for Chemical Weapons–Not Illegal, YaleGlobal, http://yaleglobal.yale.edu/content/strike-syria-chemical-weapons-%25E2%2580%2593-not-illegal
POTUS’ view on who counts as Al Qaeda, http://justsecurity.org/2014/01/20/potus-view-counts/, January 20, 2014
Nelson Mandela, 1918-2013; http://justsecurity.org/2013/12/06/nelson-mandela-1918-2013/, December 6, 2013.
21st Century International Law Making, 101 Georgetown L.J. 725 (2013)
International Law in Cyberspace: Remarks of Harold Koh, 54 Harv. Int’l L.J. Online 1 (2012), available at http://www.harvardilj.org/2012/12/online_54_koh
The State Department Legal Adviser’s Office: Eight Decades in Peace and War, 100 Georgetown L.J. 1747 (2012)
Commentary in Michael W. Doyle, Striking First: Preemption and Prevention in International Conflict 99 (2008)
Human Rights and National Security: Chapter in Mark Green, et al., eds, Change for America: Progressive Blueprint for the Next Administration (2008)
Keynote Address: A Community of Reason and Rights, 77 Fordham L. Rev. 583 (2008)
A Day in Court Denied The Washington Post, Monday, March 31, 2008 Page A19
No Torture. No Exceptions. The Washington Monthly, January/February/March 2008
Tom Eagleton: True Senator, 52 St. Louis U. L Journal 25 (2008)
Mirjan Damaska: A Bridge Between Two Cultures, in Maximo Langer, et al., Festschrift for Mirjan Damaska (2008)
Sale v. Haitian Centers Council: Guantanamo and Refoulement (with Michael J. Wishnie), in Ford, Hurwitz & Satterthwaite, Human Rights Advocacy Stories (2000)
Repairing America’s Human Rights Reputation, 40 Cornell Int’l L.J. 635 (2007)
Is there a “New” New Haven School of International Law? 32 Yale Law Journal 559 (2007)
“Repair America’s Human Rights Reputation”—op-ed appeared in the Summer 2007 issue of the Yale Law Report as part of a collection of op-eds written by Yale Law School faculty members
Filártiga v. Pena-Irala: Judicial Internalization of the Customary International Law Norm Against Torture in International Law Stories (Noyes, Dickinson & Janis, eds.; Law Stories Series, Foundation Press 2007)
Tom Eagleton: True Senator, 52 SLU L. Rev. 1 (2007)
Preface to Eugene Fidell, Beth Hillman & Dwight Sullivan, Military Justice: Cases and Materials (2007)
Preface to William J. Aceves, The Anatomy of Torture: A Documentary History of Filártiga v. Peña-Irala (2007)
The Future of Lou Henkin’s Human Rights, Movement, 38 Col. H.Rts Rev. 487 (2007)
The Bright Lights of Freedom, NPR: THIS I BELIEVE, Jay Allison & Dan Gediman, eds., (New York: Henry Holt & Company, 2006) 141-143; paperback edition (2007)
America and the World, 2020, in THE CONSTITUTION IN 2020 (Siegel & Balkin eds. 2009)
In Memoriam: Robert F. Drinan, S.J. (1920-2007) 95 Georgetown Law Journal 1709 (2007)
The Activist: Robert S. Drinan S.J., Stirring the Human Rights Revolution, BC Law Magazine 7 (Summer 2007) (tribute to Father Drinan)
A World Drowning in Guns, INTERNATIONAL LAW AND INTERNATIONAL RELATIONS: BRIDGING THEORY AND PRACTICE, Thomas J. Biersteker, Peter J. Spiro, Chandra Lekha Sriram, and Veronica Raffo, eds., (London: Routledge Press, 2006) 59
Louis B. Sohn: Present at the Creation, Harvard International Law Journal, 2006
Unveiling Justice Blackmun, 72 Brooklyn L. Rev. 9 (2006)
Setting the World Right, 115 Yale L.J. 2350 (2006)
Why Transnational Law Matters, 24 Penn State Int’l L.Rev. 745 (2006)
The Healing Wisdom of Jay Katz, 6 Yale J. Health Policy, Law and Ethics 397 (Spring 2006)
Harry Andrew Blackmun, in Yale Biographical Dictionary of American Law (2007)
“The New Global Slave Trade,” Displacement, Asylum, Migration 232 (Oxford Amnesty Lectures) (Kate Tunstall ed. 2006)
“A Law Unto Itself?,” Yale L.J. (The Pocket Part), March 2006
Tribute to President Francis Daly Fergusson, upon her retirement from Vassar College, Vassar Quarterly, “Energy in the Executive”
”Can the President Be Torturer in Chief?,” Ind. L. Rev. 81:1145 (winner 2007 Green Bag Award for “exemplary writing in a long article” Green Bag Almanac and Reader (2007)
“Mark Janis and the American Tradition of International Law,” Conn. J. Int’l L.
“Captured by Guantanamo”
Choosing Heroes Carefully (Tribute to John Hart Ely), 57 Stan. L. Rev. 723 (2005)
“The Bright Lights of Freedom,” This I Believe, NPR
“The Value of Process,” in Why Obey International Law?, 10 Int’ Legal Theory 1 (2004)
“Standing Together,” 15 Law & Sexuality, 15:1
“Internalization Through Socialization,” Duke L.J. 54: 975 (2005)
“Commentary: A World Drowning in Guns,” in International Law and International Relations 59-76 (Thomas Biersteker, Veronica Raffo, Peter Spiro and Chandra Sriram, eds Routledge 2006)
Preface to Jaya Ramji & Beth van Schaack, Bringing the Khmer Rouge to Justice: Prosecuting Mass Violence Before the Cambodian Courts
The Ninth Annual John W. Hager Lecture, The 2004 Term: The Supreme Court Meets International Law, Tulsa Journal of Comparative & International Law 12: 1 (2004)
"The Wolfgang Friedmann Lecture: A World Without Torture," Columbia Journal of Transnational Law (2005)
International Law as Part of Our Law, 98 Am. J. Int’l Law 43 (2004)
Separating Myth and Reality about Corporate Responsibility Litigation, 7 J. Intl Econ. L. 263 (2004)
Snatched in Sudan, Captive in Khartoum, Times Higher Education Supplement, Feb. 20, 2004
Advice to the Next High Commissioner, Columbia Human Rights L. Rev. 2003
Transnational Legal Process After September 11, 22 Berkeley J. Int’l L. (2004)
Rights to Remember, Economist, November 2003 at 24
American Diplomacy and the Death Penalty (with Thomas Pickering) 80 Foreign Service Journal 19 (October 2003)
"On America's Double Standard: The Good and Bad Faces of American Exceptionalism,” American Prospect (October 2004)
"America's Jekyll and Hyde Exceptionalism," chapter in Michael Ignatieff, American Exceptionalism and Human Rights (Princeton University Press 2005)
On American Exceptionalism, 55 Stan. L. Rev. (2003)
A World Drowning in Guns, 71 Fordham L. Rev. (2003)
Why the United States should ratify the Convention for the Elimination of Discrimination Against Women (CEDAW), 34 Case W. Res. L. Rev. 258 (2002)
Tribute to John Sexton, 60 Annual Survey of American Law (2003) (tribute to John Sexton)
A Tribute to Tom the Frank, 35 NYU Journal Int’l L. & Pol. (2003) (tribute to Thomas Franck)
The Law Under Stress After September 11, 31 Int’l Legal Info. 317 (2003)
International Human Rights of Persons with Mental Disabilities, 63Md. L. Rev. 1 (2004)
Wrong on Rights, Yaleglobal Online (2004)
In Memoriam: Dean Eugene V. Rostow, Yale Law Report 16 (Summer 2003)
Paying “Decent Respect” to the World Opinion on the Death Penalty, 35 U.C. Davis L. Rev. 1085 (2002)
Paying Decent Respect to International Tribunal Rulings, 2002 Proceedings of the American Society of International Law
Against Military Tribunals, Dissent Magazine 58 (Fall 2002)
One Year Later, America Deserves Mixed Reviews, Yale Daily News (September 13, 2002)
A Better Way to Deal with Iraq, Hartford Courant, October 20, 2002
“Preserving Our Values: The Challenge At Home and Abroad," chapter 6 in The Age of Terror: America and the World After September 11 at 143 (Strobe Talbott & Nayan Chanda, eds. Basic Books 2002)
"The Spirit of the Laws," 43 Harv. Int'l L.J. 23 (2002)
"The 2001 Richard Childress Memorial Lecture: A United States Human Rights Policy for the 21st Century," 46 St. Louis U. L. J. 293 (2002) (special issue with nine commentators)
"The Case Against Military Commissions," 96 Am. J. Int'l L. 337 (April 2002)
"Transnational Legal Process Illuminated,"in Transnational Legal Processes: Globalisation and Power Disparities 327 (Michael Likosky ed. Butterworths Press 2001)
"The Globalization of Freedom,"26 Yale J. Int'l L. 305 (2001)
"A Passion for Service," 45 N.Y.L.S. L. Rev. 17 (2001) (tribute to Harry Wellington)
"An Uncommon Lawyer," 42 Harv. Int'l L.J. 7 (2001) (tribute to Abram Chayes)
"We Have The Right Courts for Bin Laden," N.Y. Times, Nov. 23, 2001 at A39
Six Civil Rights Experts Weigh in on Sept. 11, Time.com, 12-1-01
"The U.S. Can't Allow Justice to Be Another War Casualty," The Los Angeles Times; Dec. 17, 2001 at B11
"The Best Defense: Article I," The Hartford Courant (September 16, 2001)
"America the Pariah," Project Syndicate (August 2001) (op ed piece published in 20 foreign newspapers)
"Estados Unidos y Europa, divididos por la pena de muerte," LA NACION (Argentina) July 23, 2001
"A Dismal Record on Executing the Retarded," New York Times (June 14, 2001)
"A Wake Up Call on Human Rights" Washington Post (May 8, 2001)
"A Breakthrough in North Korea," Washington Post (November 2, 2000)
"Complementarity Between International Organisations on Human Rights/The Rise of Transnational Networks as the "Third Globalization," 21 Human Rights Journal 307 (2000)
"The Third Globalization: Transnational Human Rights Networks," Introduction to the 1999 Human Rights Report, U.S. Dept. of State, Country Reports on Human Rights Practices for 1999 at xv (vol.1) (2000)
"The Right to Democracy," Introduction to the 1998 Human Rights Report, U.S. Dept. of State, Country Reports on Human Rights Practices for 1998 at xv (vol.1) (1999)
"1998 Harris Lecture: How Is International Human Rights Law Enforced?" 74 Indiana L. J. 1397 (1999)
"1998 Frankel Lecture: Bringing International Law Home," 35 Houston L. Rev. 623 (1998)
"Is International Law Really State Law?", 111 Harv. L. Rev. 1824 (1998)
"Why Do Nations Obey International Law?", 106 Yale L.J. 2599 (1997)
"Ten Lessons About Appellate Oral Argument,"71 Connecticut Bar Journal 218 (1997)
"Congressional Protection of International Human Rights,"170 Fed. R. D. 285 (1997)
"Book Review, Chayes & Chayes, The New Sovereignty," 91 American Journal of International Law 389 (1997)
"War and Responsibility in the Dole/Gingrich Congress," 50 Miami L. Rev. 1 (1996)
"Transnational Legal Process," 75 Neb. L. Rev. 181 (1996)
"The Constitution,"in Encyclopedia of U.S. Foreign Relations (Oxford University Press 1996)
"A World Transformed," 20 Yale Journal of International Law vii (1995)
"America's Offshore Refugee Camps," 29 Richmond L. Rev. 139 (Allen Chair 1994)
"Refugees, The Courts, and the New World Order," 1994 Utah L. Rev. 999
"The 'Haiti Paradigm' in United States Human Rights Policy," 103 Yale L.J. 2391 (1994)
"Democracy and Human Rights in U.S. Foreign Policy?: Lessons from the Haitian Crisis," 48 SMU L. Rev. 189 (1994)
"The Haitian Refugee Litigation: A Case Study in Transnational Public Law Litigation," 18 Md. J. Int'l L & Trade 1 (1994)
"Reflections on Refoulement and Haitian Centers Council," 35 Harv. Int'l L.J. 1 (1994)
"Who Are the Archetypal 'Good' Aliens?" 88 American Society of International Law Proc. 450 (1994)
"Justice Blackmun and the 'World Out There'," 104 Yale L.J. 23 (1994)
Broadening Access to International Law Resources Through New Technology," 89 American Society of International Law Proc. -- (1995)
"Aliens in Our 'Beloved Community,'" Smithsonian Working Paper (1995)
"One Step Forward, One Step Back," Miami Herald, May 4, 1995 A27
Alliance for Justice, "First Monday," October 3, 1994 (video panel)
"Terms for Assessment," Roundtable on Justice Blackmun, ABA Journal 52 (July 1994)
"Justice Done," New York Times, Apr. 8, 1994, at A27
"The Justice Who Grew," 1994 J. S.Ct. Hist. 5 (1994)
"DIANA: A Human Rights Data Base," 16 Human Rights Quarterly 753 (1994) (with N. Finke, T. Fitchett, and R. Slye)
"Bitter Fruit of the Asian Immigration Cases," 6 Constitution 68 (1994) (reproduced in Cong. Record, Jan. 6, 1995 at S569)
"Standing Up for Principle: A Personal Journey," 5 Korean and Korean-American Studies Bulletin 4 (1994)
"A Tribute to Justice Harry A. Blackmun," 108 Harv. L. Rev. 20 (1994)
Remarks at Proceedings Held on the Occasion of the Induction of Jose A. Cabranes As U.S. Circuit Judge, 2d Cir. (Sept. 26, 1994)
"The New New International Economic Order," 87 American Society of International Law Proc. 259 (1994)
"Aliens and the Duty of Nonrefoulement: Haitian Centers Council, Inc. v. McNary," 6 Harvard Human Rights Journal 1 (1993) (with the Lowenstein Human Rights Clinic)
"The Role of the Courts in War Powers Cases," in Constitutional Government and Military Intervention After the Cold War (M. Halperin & G. Stern eds.) (Westview Press 1993)
"The President Versus the Senate in Treaty Interpretation: What's all the Fuss About?" 15 Yale Journal of International Law 331 (1990)
"Reply to Book Reviews of The National Security Constitution: Sharing Power After the Iran Contra Affair, 15 Yale Journal of International Law 382 (1990)
"A History of the Fast Track Approval Mechanism," Chap. 1, A. Holmer & J. Bello, eds., The Legislative Fast Track: Its Illustrative Use for the U.S.-Canada Free Trade Agreement (Prentice Hall 1990)
"The Iran-Contra Affair," The Guide to American Law Yearbook 1990 (West 1990)
"The Human Face of the Haitian Interdiction Program," 33 Virginia Journal of International Law 483 (1993)
"Two Cheers for Feminist Procedure," 61 University of Cincinnati Law Review 1201 (1993)
"Protecting the Office of Legal Counsel from Itself," 15 Cardozo Law Review 1601 (1993)
"The War Powers Resolution," in Cold War Patriot and Statesman: Richard M. Nixon 321 (L. Friedman and W. Levantrosser, eds.) (Greenwood Press, 1993)
"Against Specialization in The Teaching of International Law," Contemporary International Law Issues: Sharing Pan-European and American Perspectives 198 (1992)
"The Fast Track and United States Trade Policy," 18 Brooklyn J. Int'l L. 143 (1992)
"Dollar Diplomacy/Dollar Defense: The Fabric of Economics and National Security Law," 26 International Lawyer 715 (1992) (with John Choon Yoo)
"Los regímenes de formulacion de politica comercial del Congreso y del Ejecutivo estadunidenses y su relacion con un posible acuerdo de libre comercio entre Canada, México y Estados Unidos," México/Estado Unidos 1990 at 193 (G. Vega ed. 1992)
Remarks at Presentation of the Portrait of the Honorable Malcolm R. Wilkey, 992 F.2d lxxi (1993) (U.S. Ct. App. D.C. Dec 17, 1992)
Selections, Encyclopedia of the American Presidency (1993)
Closed Door Policy for Refugees," Legal Times 36 (July 26, 1993)
"We the People --and Congress-- Have Yet to Be Heard" (with Bruce Ackerman), L.A. Times (May 5, 1993)
"Reflections on Kissinger," Constitution (Winter 1993)
"The War Powers Debate," Ending the Cold War at Home 41 (1992)
"The Constitution and the Bill of Rights," 85 American Society of International Law Proc. 199 (1991)
"Foreword," Asian Americans and the Supreme Court: A Documentary History ix (H.C. Kim ed.) (Greenwood Press 1992)
"Begging Bush's Pardon," 29 Hous. L. Rev. 889 (1992)
Conversation/By Steve Kemper," Northeast Magazine, July 26, 1992
"Good News, Bad News," Constitution 13 (Spring-Summer 1991)
"Bush Honors the Law When It Pleases Him," Newsday (January 20, 1991)
"A Justice for Passion," 1990 Annual Survey of American Law (1991)
"Transnational Public Law Litigation," 100 Yale L.J. 2347 (1991)
"The Constitutional Roles of Congress, the Executive and the Courts in the Conduct of U.S. Foreign Policy," (with K. Stith-Cabranes and S.Y. Koh) (Woodrow Wilson Center monograph) (Fall 1991)
"The Coase Theorem and the War Power: A Response," 1991 Duke L.J. 122(1991)
"Presidential War and Congressional Consent: The Law Professors' Memorandum in Dellums v. Bush," 27 Stanford J. Int'l L. 247 (1991)
"Summary Remarks, Conference on The Dynamics of U.S.-Korea Trade Relations: Economic, Political, Legal and Cultural," (East Rock Press, 1991)
"A Level Playing Field for Global Problems: Section 337 of the Tariff Act -- A Case Study," Proceedings of the Eighth Annual Judicial Conference of the U.S.Court of Appeals for the Federal Circuit, 133 F.R.D. 257 (1990)
"The Liberal Constitutional Internationalism of Justice Douglas," He Shall Not Pass This Way Again: The Legacy of Justice William O. Douglas 297 (S. Wasby ed., U. of Pittsburgh Press 1990)
"The Responsibility of the Importer State," Chapter 8, in G. Handl & R. Lutz, eds., Transferring Hazardous Technologies and Substances: The International Legal Challenge 171 (Graham & Trotman/Martinus Nijhoff 1989)
"Don't Close the Books on Iran-Contra Mess," New Haven Register (May 13, 1990)
"Graduation Address to Yale Law School," (May 1989), excerpted in S. Lee & M. Fox, Learning Legal Skills 207 (1991) and Yale Law Report 14 (Fall 1989)
"What Congress Must Do To Reassert National Security Power," First Principles 5 (September 1988)
"Why the President (Almost) Always Wins in Foreign Affairs: Lessons of the Iran-Contra Affair," 97 Yale Law Journal 1255 (1988) (republished as Chapter 6 in The Constitution and the Conduct of American Foreign Policy (David Gray Adler & Larry N. George eds. 1996)
"The Palestine Liberation Organization Mission Controversy," 82 American Society of International Law Proc. 534 (1988)
"Four Dichotomies in American Trade Policy," in Symposium, American Trade Policy: Actors, Issues, and Options, Special Issue No. 1, Yale L. & Pol'y Rev. 4 (1988)
"Introduction," Focus: Foreign Affairs Under the Constitution, 13 Yale J. Int'l L. 1 (1988)
"Rebalancing the Medical Triad: Justice Blackmun's Contributions to Law and Medicine," 13 Am. J. L. & Med. 201 (1988)
"The Treaty Power," 43 U. Miami L. Rev. 106 (1988)
"A Legal Perspective," Chapter 5, in Perspectives On A U.S.-Canadian Free Trade Agreement (R. Stern, P. Trezise & J. Whalley, eds.) (Brookings Institution 1987) (based on 12 Yale J. Int'l L. 193 (1987)
"The Legal Markets of International Trade: A Perspective on the Proposed United States-Canada Free Trade Agreement," 12 Yale Journal of International Law 193 (1987)
"Civil Remedies for Uncivil Wrongs: Combatting Terrorism Through Transnational Public Law Litigation," 22 Texas Int'l.L.J. 169 (1987)
"Why the President (Almost) Always Wins in Foreign Affairs," 81 American Society of International Law Proc. 248 (1987)
Looking Beyond Achievement: After `the Model Minority,' Then What?"," 3 Korean And Korean-American Studies Bulletin 15 (Fall/Winter 1987)
"Thoughts on Being a Korean-American Legal Academic," 1 Korean-American Journal 5 (May 1986)
"Asians in American Law", Yale Law Report 28 (Fall 1986)
Book Review, H. Steiner & D. Vagts, Transnational Legal Problems and D.Vagts, Transnational Business Problems, 20 Int'l.Law 1417 (1986)
"Judge Wilkey's Contributions to International Law and the Foreign Relations Law of the United States," 1985 B.Y.U. Law Rev. 647 (1985)
"Malcolm R. Wilkey: Jurist and Scholar," 19 Int'l Law. 1289 (1985)
"Congressional Controls on Presidential Trade Policymaking after INS v. Chadha," 18 N.Y.U.J.Int'l.L.& Pol. 1191 (1986)
"Equality with a Human Face: Justice Blackmun and the Equal Protection of Aliens," 8 Hamline Law Rev. 51 (1985)
Note, "The Constitutionality of Municipal Advocacy in Statewide Referendum Campaigns," 93 Harv.L.Rev. 535 (1980)
Case Comment, "Discovery from Media Defendants in Public Figure Defamation Actions: Herbert v. Lando," 93 Harv.L.Rev. 149 (1979)
SELECTED CONGRESSIONAL TESTIMONY
Testimony before the Senate Judiciary Committee Subcommittee on the Constitution regarding Restoring the Rule of Law (September 16, 2008)
Testimony before the House Foreign Relations Committee regarding “The 2006 Country Reports on Human Rights Practices and the Promotion of Human Rights in U.S. Foreign Policy” (March 29, 2007)
Testimony before the Senate Committee on the Judiciary regarding “Hamdan v. Rumsfeld: Establishing a Constitutional Process” (July 11, 2006)
Testimony before the Senate Committee on the Judiciary regarding “Wartime Executive Power and the National Security Agency’s Surveillance Authority” (February 28, 2006)
Testimony before the Senate Judiciary Committee regarding “The Nomination of the Honorable Alberto R. Gonzales as Attorney General of the United States” (January 7, 2005)
Testimony before the House Committee on International Relations regarding “A survey and analysis of supporting human rights and democracy: The U.S. record 2002–2003” (July 9, 2003)
“United States Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women,” Hearing Before the U.S. Senate Foreign Relations Committee (June 13, 2002)
“Human Rights in Turkey,” Hearing before the Commission on Security and Cooperation in Europe, Washington, DC (March 9, 2000).
“Country Reports on Human Rights Conditions,” Testimony before the Subcommittee on International Operations and Human Rights, U.S. House of Representatives Washington, DC, (March 8, 2000).
“The Global Problem of Trafficking in Persons: Breaking the Vicious Cycle,” Hearing Before the House Committee on International Relations (Sept. 14, 1999)
“Human Rights at the End of the 20th Century,” Hearing before the Commission on Security and Cooperation in Europe; Washington, DC, (March 17, 1999).
“Country Reports on Human Rights Conditions,” Testimony “Country Reports on Human Rights Conditions,” Testimony before the Subcommittee on International Operations and Human Rights, U.S. House of Representatives (March 3, 1999)
“Human Rights in China,” Testimony International Operations and Human Rights, U.S. House of Representatives, Washington DC (January 20, 1999)
“U.S. Policy Toward Haiti”: Hearing Before the Subcommittee on Western Hemisphere and Peace Corps Affairs of the Senate Committee on Foreign Relations, 103d Cong. 2d Sess. (Mar. 8, 1994)
“The Nonrefoulement Reaffirmation Act of 1992,” House Foreign Affairs Committee (June 11, 1992)
“U.S. Human Rights Policy Toward Haiti,” Hearing before Legislation and National Security Subocmmittee; House Government Operations Committee, 102nd Cong., 2nd Sess. 97 (April 9, 1992)
“The Constitutional Roles of Congress and the President in Waging and Delcaring War,” Senate Judiciary Committee (January 8, 1991)
“Executive-Congressional Relations in a Multipolar World,” Hearings Before the Senate Foreign Relations Committee, 101st Cong., 2d Sess. 92 (Nov. 26, 1990)
Testimony on H.R. 3665, the Official Accountability Act, before the House Judiciary Committee, Subcommittee on Criminal Justice, (June 15, 1988)